What is Rental Agreement Drafting?
A rental agreement is a legally-binding contract signed by a landlord and a tenant. It outlines all terms related to occupying the property, such as rental payments, rules, and how to end the contract. This serves to protect both parties’ interests.
If you need to draft a rental agreement, you might wonder how to navigate the process.
Read the rest of this article to explore key terms that should be included in a rental agreement, how to draft it, and how a qualified lawyer can help you with the rental agreement process for clarity.
What Key Terms are in a Rental Agreement?
A rental agreement usually contains core components, such as the following:
- Parties. The agreement must specify both parties, with their full legal names and contact information.
- Property. The rental property must be specified, such as by including its address.
- Payment. This specifies how much rent will be paid. Other payments must also be included, such as utilities costs.
- Occupancy limits. It’s important to specify how many people are allowed to live in the rental property to protect it from damage and prevent overcrowding.
- Security deposit. There must be clarity about how much of a deposit will be paid, how it will be stored, and how it will be returned to the tenant.
- Pets. This states if the tenant is allowed to have pets on the property.
- Duties. This outlines what responsibilities the landlord and tenant have, such as who’s responsible for maintenance.
- Term and termination. There should be clarity about how long the rental agreement will last, as well as how it can be terminated by either party.
- Rights. It’s important to outline both parties’ rights. For example, tenants have a right to privacy and living in a safe rental while landlords have the right to receive rental payments on time.
Additional Things to Include in a Rental Agreement
Now that we’ve featured some important terms to include in your rental agreement, there are some tips to consider so that it’s comprehensive.
- Be specific about payments. It’s not enough to simply state how much the rent is every month. Be detailed by specifying acceptable payment methods, payment deadlines, and if there is any grace period for late payments.
- Discuss property access. The tenant will want privacy, but there might be instances when the landlord will require access to the property, such as if there’s an emergency. These conditions should be stipulated in the agreement to avoid disputes.
- Specify maintenance and repair costs. The rental agreement should provide information about who will be responsible for specific maintenance activities or repairs. This prevents arguments over costs and liability.
- Include legal compliance. All terms in the rental agreement should be aligned with the applicable regulations and laws. This prevents unfair clauses and future legal troubles.
- Consider previous tenant issues. A helpful tip for landlords is to think about issues they’ve had with previous tenants. The contract should include provisions to prevent them from happening with new tenants. For example, there can be a note about specific hours in which making noise is prohibited unless permission is given, provided it complies with regulations and isn’t too restrictive.
- Include a subletting clause. You want to state if the tenant is permitted to sublet the property or not. If they are allowed to, clearly explain any requirements and restrictions. If subletting is prohibited, protect your interests by stating what penalties will be charged should your tenant sublet the property.
Do You Need a Lawyer for Rental Agreement Drafting?
Although you can draft your own rental agreement, it’s advisable to ask a lawyer to do it for you, especially if your agreement is complex or you want legal protection for specific risks.
A lawyer can assist you in the following ways during the contract-drafting process:
- Checking that every term in the agreement complies with applicable laws and regulations. This is especially important if you’re unaware of specific state laws that govern the agreement.
- Noting any legal or financial risks that could result in disputes and including provisions to minimize them.
- Writing in clear, simple language that’s free of legal jargon. This prevents misunderstandings.
- Tailoring the agreement to suit your specific situation, such as your rental property and tenant-landlord relationship.
- Protecting your interests by making all agreement terms balanced and legally enforceable.
- Listening to your concerns during the drafting process, such as if you have questions about disclosures or compliance.
- Giving you confidence and peace of mind that your rental agreement is legal and professional.
Where to Find a Lawyer for Rental Agreement Drafting
If you need to find and hire a lawyer to draft your rental agreement, you might wonder where to start your search. On online legal platforms such as ContractsCounsel, the process is much easier than if you have to ask people you know or cold-call traditional law firms.
ContractsCounsel is an online legal marketplace that gives you access to a network of vetted lawyers. They have the experience and skills to draft legal and clear rental agreements.
To request that a lawyer on the platform drafts a rental agreement for you, here are the simple steps to follow.
1. Visit the ContractsCounsel marketplace, where you can post your project for free.
2. Wait for lawyer bids. You’ll receive multiple bids from lawyers directly on the platform who can assist you.
3. Review lawyer profiles. Once you receive the lawyer bids, you should review the lawyers' profiles. There’s lots of info on the platform to help you choose the best lawyer, such as their location, client ratings, years of experience, and field of expertise.
4. Connect with a lawyer you think is best suited to your requirements and hire them to draft your rental agreement.
